Common use of WAIVER OF SUBROGATION, REIMBURSEMENT, PERFORMANCE AND INDEMNIFICATION Clause in Contracts

WAIVER OF SUBROGATION, REIMBURSEMENT, PERFORMANCE AND INDEMNIFICATION. Guarantor permanently waives and shall not seek to exercise any of the following rights that Guarantor may have against Borrower, any other guarantor, or any collateral provided by Borrower or any other guarantor, for any amounts paid by Guarantor, or acts performed by Guarantor under this Guaranty: (i) all rights that Guarantor may have, upon satisfying the Guarantied Obligations, or any portion thereof, to enforce any remedies which Lender then has against Borrower and to require any other guarantor to contribute to the amount paid by Guarantor in connection with this Guaranty (including, without limitation, any right of subrogation, whether contractual, under Section 509 of the Bankruptcy Code, other similar insolvency laws or arrangements, or otherwise); (ii) all rights that Guarantor may have to the benefit of any security for the performance of the Guarantied Obligations or the performance by any other guarantor of the Guarantied Obligations; (iii) all rights of reimbursement from Borrower for the amounts paid by Guarantor in connection with the Guarantied Obligations (including costs and expenses); (iv) any right to compel client to perform the Guarantied Obligations when due; or (v) all rights of indemnification from Borrower, any other guarantor or any other third party. Guarantor irrevocably waives and releases Borrower from all "claims" (as defined in Section 101(4) of the Bankruptcy Code) to which Guarantor is or would be entitled by virtue of this Guaranty of the Guarantied Obligations or the payment of all or a portion of the Guarantied Obligations by Guarantor pursuant to this Guaranty.

WAIVER OF SUBROGATION, REIMBURSEMENT, PERFORMANCE AND INDEMNIFICATION. Unless and until Full Payment of the Guaranteed Obligations, Guarantor permanently waives and shall not seek to exercise any of the following rights that Guarantor may have against BorrowerBorrowers, any other guarantor, or any collateral Collateral provided by Borrower Borrowers or any other guarantor, for any amounts paid by Guarantor, or acts performed by Guarantor under this Guaranty: (i) all rights that Guarantor may have, upon satisfying the Guarantied Guaranteed Obligations, or any portion thereof, to enforce any remedies which Lender Agent or Lenders then has have against Borrower Borrowers and to require any other guarantor to contribute to the amount paid by Guarantor in connection with this Guaranty (including, without limitation, any right of subrogation, whether contractual, under Section 509 of the Bankruptcy Code, other similar insolvency laws or arrangements, or otherwise); (ii) all rights that Guarantor may have to the benefit of any security for the performance of the Guarantied Guaranteed Obligations or the performance by any other guarantor of the Guarantied Guaranteed Obligations; (iii) all rights of reimbursement from Borrower Borrowers for the amounts paid by Guarantor in connection with the Guarantied Guaranteed Obligations (including costs and expenses); (iv) any right to compel client a Borrower or any other guarantor to perform the Guarantied Guaranteed Obligations when due; or (v) all rights of indemnification from BorrowerBorrowers, any other guarantor or any other third party. Guarantor irrevocably waives and releases Borrower Borrowers from all "“claims" ” (as defined in Section 101(4) of the Bankruptcy Code) to which Guarantor is or would be entitled by virtue of this Guaranty of the Guarantied Guaranteed Obligations or the payment of all or a portion of the Guarantied Guaranteed Obligations by Guarantor pursuant to this Guaranty. The provisions of this Section 8 shall remain in full force and effect and Guarantor shall not exercise any of the rights set forth in this Section 8 until all of the Loan Documents have been terminated or expired by their terms and Full Payment has been made of all Guaranteed Obligations.

WAIVER OF SUBROGATION, REIMBURSEMENT, PERFORMANCE AND INDEMNIFICATION. Unless and until the Guarantied Obligations have been indefeasibly repaid in full, Guarantor permanently waives and shall not seek to exercise any of the following rights that Guarantor may have against BorrowerClient, any other guarantor, or any collateral provided by Borrower Client or any other guarantor, for any amounts paid by Guarantor, or acts performed by Guarantor under this Guaranty: (i) all rights that Guarantor may have, upon satisfying the Guarantied Obligations, or any portion thereof, to enforce any remedies which Lender Factor then has against Borrower Client and to require any other guarantor to contribute to the amount paid by Guarantor in connection with this Guaranty (including, without limitation, any right of subrogation, whether contractual, under Section 509 of the Bankruptcy Code, other similar insolvency laws or arrangements, or otherwise); (ii) all rights that Guarantor may have to the benefit of any security for the performance of the Guarantied Obligations or the performance by any other guarantor of the Guarantied Obligations; (iii) all rights of reimbursement from Borrower Client for the amounts paid by Guarantor in connection with the Guarantied Obligations (including costs and expenses); (iv) any right to compel client to perform the Guarantied Obligations when due; or (v) all rights of indemnification from BorrowerClient, any other guarantor or any other third party. Guarantor irrevocably waives and releases Borrower Client from all "claims" (as defined in Section 101(4) of the Bankruptcy Code) to which Guarantor is or would be entitled by virtue of this Guaranty of the Guarantied Obligations or the payment of all or a portion of the Guarantied Obligations by Guarantor pursuant to this Guaranty. The provisions of this Paragraph 9 shall remain in full force and effect and Guarantor shall not exercise any of the rights set forth in this Paragraph 9 until all of the Factoring Documents have been terminated or expired by their terms and all Guarantied Obligations have been paid in full.